1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Administration” means the Water Management Administration of the Department of the Environment.
   2. (2) “Administrative Procedure Act” means State Government Article, §10-201 et seq., Annotated Code of Maryland.

   3. (3) “Appropriate local official” means the:

      1. (a) County executive or president of the county legislative body; or
      2. (b) Mayor or chief administrative official for any city or town in which the proposed permitted activity takes place.
   4. (4) “Completed application” means an application for a Subtitle 5 permit which the Administration has determined is complete under the applicable statutes and regulation.
   5. (5) “Contested case hearing” means an adjudicatory hearing as defined by the Administrative Procedure Act.

   6. (6) “Contiguous property” means, for:

      1. (a) Water appropriation or use permit applications, those properties having a common boundary with the applicant's property; or
      2. (b) Waterway construction permit applications, those properties which lie within the 100-year floodplain and have a common boundary with the applicant's property.
   7. (7) “Department” means the Department of the Environment.
   8. (8) “Director” means the Director of the Water Management Administration.
   9. (9) “Filed” means received at the office of the Director of the Water Management Administration, 2500 Broening Highway, Baltimore, MD 21224, including received by mail, facsimile machine, or personal delivery.
   10. (10) “Hearing examiner” means hearing examiner, hearing officer, administrative law judge of the Office of Administrative Hearings, or other person designated to conduct a contested case hearing.

   11. (11) “Interested persons list” means the mailing list of persons interested in a Subtitle 5 permit application that is compiled by the Department and includes:

       1. (a) Contiguous property owners;
       2. (b) Appropriate local officials; and
       3. (c) Individuals who comment on, request hearings, or make inquiries about an application during any phase of the Department's application review process.
   12. (12) “Office of Administrative Hearings” means the unit of State government authorized to conduct contested case hearings.
   13. (13) “Presiding official” means a representative of the Administration designated by the Director to conduct public informational hearings under this chapter.
   14. (14) “Public informational hearing” means the informational hearing conducted under Environment Article, §5-506, Annotated Code of Maryland, at which the permit applicant, the Administration, and interested persons may offer facts, exhibits, questions, and comments concerning an application for a permit.
   15. (15) “Requester” means the person requesting a contested case hearing who has a specific legal right, duty, interest, or privilege different from the general public which is, or may be, adversely affected by the determination to grant or deny a Subtitle 5 permit.
   16. (16) “Subtitle 5 permit” means a permit issued under Environment Article, §§5-502 and 5-503, Annotated Code of Maryland, including those pertaining to water appropriation and use, waterway construction, and waterway obstruction.

Authority: Environment Article, §§1-404, 5-203, and 5-506; State Government Article, §10-206; Annotated Code of Maryland

Effective date: August 17, 1977 (4:17 Md. R. 1296)

Regulations .01—.17, Procedure for Adjudicatory Hearings, repealed effective September 17, 1990 (17:18 Md. R. 2200)

Regulations .01—.12, Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits, adopted effective September 17, 1990 (17:18 Md. R. 2200)

Chapter recodified from COMAR 08.05.06 to COMAR 26.01.07, June 1996